Porch - Planning and Building Control

[B1g_5tu]

Daughter has an existing, single glazed conservatory, approx. 4m x 2.5 on plan, 2.5m high max.
It's in poor condition, leaks and is useless as a space.

I'd like to replace it with a designed timber frame structure with a flat lantern roof.

I don't think I need planning (permitted development, not a conservation area etc.), but what about building control?

If I've got to dig foundations and bring the floor insulation up to current regs, then it's a non-starter.

LABC Website suggests not :-

Adding a porch to provide shelter at the entrance of your home is often a smaller project which doesn't require building regulations approval provided that:

• The porch is at ground level
• The porch is less than 30 square metres in floor area

But my area BC have come back and said it would be considered an extension....do I have to abide by their say so or is there an appeal (Or do I ignore it and crack on and say "see you in court..."

Any sound advice welcome....

 

[Notch7]

Im a bit confused, is it a porch on the front elevation or a conservatory on the rear?
if a porch, then it can be 3 sq metres and upto metres high under permitted development.
In terms of building regs, it can be exempt from B/regs if it is separated from the house with an external door



if its a conservatory at the rear and you are replacing it with an orangery then it might be be exempt.

I used to build these and what I used to do was send building control a drawing and say:

"please can you confirm if the following will be an exempt structure: an orangery less than 30sq metres, which is substantially glazed to sides and roof. It will be thermally separate from the house with external quality doors and will have separate heating source from the house and controlled independently.

I used to almost always get a reply along the lines of "based on your description, it sounds like what you propose is in our opinion exempt"


there is no specific criteria to describe a conservatory these days, the percentage of glazing criteria was removed in 2011, so as long as you have a lantern in the roof you should be ok


in terms of appeal: you can appeal planning decisions, you cant appeal building regulations, if it needs building regs you wont get a building certificate unless it complies

 

[B1g_5tu]

It's a conservatory at the rear,I was hoping if I call the new structure a porch it would be exempt.

Is a porch strictly 3m2 -LABC portal quotes 30m2?

Also BC locally have quoted the 50% rule - again does that not apply anymore?

We'd keep the existing French doors from the house.

Regards
Stu

 

[noseall]

It's a conservatory at the rear,I was hoping if I call the new structure a porch it would be....

...fibbing.

In reality you can do what you like and call the extension a dog kennel if you want, albeit you may be breaking the law and making your house a nightmare to sell as well as voiding your home insurance and possibly committing fraud too.

 

[B1g_5tu]

I'd disagree fibbing/fraud/illegality - but it doesn't answer the question anyhow.

Is a porch (additional structure in front of a door) limited to 3m2 or 30m2, and is it subject to full building control?

Does the 50% glazing rule no longer apply?

 

[^woody^]

If you call your Kia a Porsche it doesn't make it one. And if you bolt the Kia to the house it won't be a porch either.

You need to conform to the requirements for a conservatory in terms of glazing, roof, heating and separation.

3m2 is a planning requirement

 

[wessex101]

I'd disagree fibbing/fraud/illegality - but it doesn't answer the question anyhow.

Is a porch (additional structure in front of a door) limited to 3m2 or 30m2, and is it subject to full building control?

Does the 50% glazing rule no longer apply?

The whole porch exemption and glazing areas for conservatories is a bit of a grey area. The Building Regulations were revised and the wording for these items was very poorly drafted leading to considerable scope to "interpret" the rules however you choose. When you start to look at these things in detail you realise that the civil servants who write this stuff are morons.
I tend to take the view - what are the chances of getting found out? Will the extension be clearly visible from the road? Do you have a nosey vindictive neighbour who is likely to grass you up? Are you likely to want to the sell the house in the next 5 years? Will the extension affect the neighbours in any way? etc.
Otherwise it boils down to your attitude to risk. Enforcement action under the building regulations is surprisingly rare and usually only for serious contraventions that are dangerous. If you are happy to take the risk that it might get reported and they do not accept your argument that it is a porch and the very slim chance that the worst case scenario is that it has to be demolished then go for it. Chances are it will never even be noticed and you can enjoy your new "porch" for the next 20 years plus.